Strategic Environmental Assessment and
Habitats Regulations Assessment Screening
Opinion for Ashton Hayes and Horton-cumPeel Neighbourhood Plan
Prepared on behalf of Ashton Hayes and Horton-cum-Peel Neighbourhood Plan
Steering Group by
Cheshire West and Chester Council
December 2015
Contents
1.0
Introduction....................................................................................................... 2
2.0
Strategic Environmental Assessment Screening .............................................. 6
3.0
Habitats Regulation Assessment Screening................................................... 24
Appendix 1: Overview of policies and identified effects of the Ashton Hayes and Horton-cum-Peel
Neighbourhood Plan
1
1.0 Introduction
This screening opinion determines whether or not the draft Ashton Hayes and
Horton-cum-Peel Neighbourhood Plan requires a Strategic Environmental
Assessment (SEA), and/or a Habitat Regulations Assessment (HRA) in accordance
with the European Directive 2001/42/EC and 92/43/EEC, and the requirements of
the Environmental Assessment of Plans and Programmes Regulations 2004 (as
amended) and the Conservation of Habitats and Species Regulations 2010 (as
amended).
Under the Environmental Assessment of Plans and Programmes Regulations 2004,
the responsible authority (i.e. the Local Planning Authority) must carry out an
environmental assessment for any plan or programme that is prepared for
agriculture, forestry, fisheries, energy, industry, transport, waste management, water
management, telecommunications, tourism, town and country planning or land use,
which sets the framework for future development consents of projects listed in Annex
I or II of Council Directive 83/337/EEC. It is likely that Development Plan Documents
(DPDs), such as the Local Plan (Part Two) Land Allocations and Detailed Policies
and Neighbourhood Plans will require SEA as they will contain planning policies that
influence the above list of topics, and which will be used to determine planning
applications.
However, the regulations state that an environmental assessment need not be
carried out for a plan or programme which determines the use of a small area at a
local level unless it has been determined that the plan is likely to have significant
environmental effects.
The regulations advise that a screening process is used to determine whether or not
a plan is likely to have a significant effect on the environment. This process should
use a specified set of criteria (set out in Schedule 1 of the regulations). The results
of this process must be summarised in a SEA screening opinion, which is then sent
to the statutory consultation bodies for comment. Once comments have been taken
into account a screening determination is prepared setting out whether SEA is
required and reasons for the decision and this must be made publicly available.
This screening opinion has been based upon the policies set out in the draft Ashton
Hayes and Horton-cum-Peel Neighbourhood Plan (December 2015).
Location and geographical scope of the Ashton Hayes and Horton-cum-Peel
Neighbourhood Plan
The Ashton Hayes and Horton-cum-Peel Neighbourhood Plan covers the same area
as the Ashton Hayes and Horton-cum-Peel Parish Council except for a small section
of land which is already covered by the Kelsall designated neighbourhood area.
2
Approximately 1,300 people live within the Ashton Hayes and Horton-cum-Peel
Parish – around 420 households. Ashton Hayes is the main settlement in the Parish.
The boundary of the Ashton Hayes area is shown on Map 1below. Please note that
the current, designated neighbourhood area is slightly different to that shown below
due to parish boundary changes. The Neighbourhood Plan has been based on the
area shown below (as has this screening report) and a new neighbourhood area
application has recently been submitted to change the boundary to that shown
below.
Map 1 – Ashton Hayes Neighbourhood Plan area
Relationship to other plans and programmes
Once made the Neighbourhood Plan will form part of development plan for Cheshire
West and Chester. The policy framework once made will not work in isolation. The
Neighbourhood Plan will work alongside the adopted Local Plan policies in place at
the time it is made.
The Neighbourhood Plan must have regard to national policy; be in general
conformity with the strategic policies in the adopted Local Plan; must contribute to
the achievement of sustainable development and meet EU obligations and human
rights requirements.
3
The current adopted Local Plan for the area is Cheshire West and Chester Local
Plan Part One – Strategic Policies (adopted January 2015). This plan sets out the
overall vision, strategic objectives, spatial strategy and strategic planning policies for
the borough to 2030. Some of the policies in the Chester District Local Plan and the
Cheshire Replacement Minerals and Waste Local Plans are to be retained alongside
the Local Plan (Part One) until such time that they are to be replaced by the Local
Plan (Part Two). Preparation of the Local Plan (Part Two) Land Allocations and
Detailed Policies began in Autumn 2014.
The existing and emerging Local Plan policy framework has been taken into account
when carrying out the screening exercise. This forms the baseline for the SEA and
HRA screening assessment. It has considered the potential effects of the
Neighbourhood Plan over and above the current adopted Local Plan (Part One) and
the remaining policies in the Chester District Local Plan.
Scope of Neighbourhood Plan
The overarching vision for the Ashton Hayes and Horton-cum-Peel Neighbourhood
Plan is:
“In 20 years’ time Ashton Hayes will be a characteristic Cheshire village that retains
its balanced and compact form. It will place value on its heritage, its sustainability
and its commitment to carbon neutrality, all within a rural landscape setting. It will be
a welcoming place where all can participate and influence the further developments
of their community.”
The Neighbourhood Plan Part 1 – Key Policies introduces the Neighbourhood Plan,
the approach to the work and the consultation undertaken. Based on the
consultation and evidence considered, it sets out policies covering the following five
areas:

Built and natural environment

Housing

Community facilities, amenities and social welfare

Business and employment

Transport and infrastructure
Part 2 sets out the evidence base and Part 3 is a series of attachments including a
habitat report summary, maps, consultation statement and basic conditions
statement.
The policies within the Neighbourhood Plan all fit within the strategic framework
provided by the Local Plan (Part One) and are not considered to significantly alter
4
the planning policy position for the area, as set out in the assessment in Table 4. The
policies just provide an additional level of criteria to assess suitability of
developments in order to reflect local character and community aspirations. The
Ashton Hayes and Horton-cum-Peel Neighbourhood Plan is particularly strong in
relation to carbon reduction and renewable energy, but this still comes within the
overarching aims of the Local Plan to improve sustainability. No development is
proposed outside the levels set within the Local Plan.
5
2.0 Strategic Environmental Assessment Screening
Legislative background and methodology
European Directive 2001/42/EC (the SEA Directive) requires a Strategic
Environmental Assessment to be carried out for certain plans and programmes to
assess their effects on the environment. This Directive was transposed in law by the
Environmental Assessment of Plans and Programmes Regulations 2004.
The Ashton Hayes and Horton-cum-Peel Neighbourhood Plans fall within the scope
of this legislation as it is a plan prepared for town and country planning or land use
and will set the framework for future development consent of projects, in accordance
with Part 2(2) of the regulations. However, Neighbourhood Plans are land use
planning documents prepared at the local level to determine land use in a small
area.
Under Article 3(3) of the SEA Directive and Part 2(6) of the Environmental
Assessment of Plans and Programmes Regulations 2004, SEA is only required for
documents that determine land use of a small area at local level and minor
modifications to plans and programmes where it is considered that it is likely to have
significant environmental effects. Assessment of whether the plan is likely to have
significant environmental effects is carried out through the screening process.
If SEA is required, the assessment is usually incorporated into a Sustainability
Appraisal, which includes environmental factors as required under the SEA Directive,
along with social and economic factors.
Screening methodology
The role of the screening exercise is to determine whether the implementation of a
plan or programme is likely to have a significant effect on the environment.
The criteria for assessing whether a plan or programme is likely to have a significant
environmental effect are set out in Annex II of the SEA Directive and Schedule 1 of
the Environmental Assessment of Plans and Programmes Regulations 2004.
The assessment criteria used to determine whether a plan or programme will have
significant environmental effects are separated into two categories:

those relating to the characteristics of the plan; and

those relating to the characteristics of the plan’s effects and of the area likely
to be affected.
6
The assessment of the draft Neighbourhood Plan against the criteria relating to the
characteristics of the plan is set out in Table 1 and the assessment against the
criteria relating to the characteristics of the plans effects and the area likely to be
affected is set out in Table 2.
In order to assist with completion of Table 1, Table 2 and identification of the likely
significance of effects, an assessment has been undertaken of each policy in the
Neighbourhood Plan, its potential effects and its relationship to Local Plan Part One
strategic policies and retained policies in the Chester District Local Plan and the
Cheshire Replacement Minerals and Waste Local Plans. This helps to assess the
impact that the Neighbourhood Plan will have above and beyond the impact of
existing Local Plan policies. This assessment is set out in the table at Appendix 1.
7
Table 1: Assessment of the significant environmental effects of the Ashton Hayes and Horton-cum-Peel Neighbourhood
Plan
1. Characteristics of the plan
Significant
environmental
effect?
The degree to which the
The Neighbourhood Plan is a local level land use planning document to
plan or programme sets a
determine land use in a small area. Once made, it will work within the planning
framework for projects and
policy framework of the Local Plan for the borough.
other activities, either with
regard to the location,
nature, size and operating
conditions or by allocating
resources
No
The Neighbourhood Plan will provide a local planning policy framework for
Ashton Hayes and Horton-cum-Peel that will become part of the development
plan for Cheshire West and Chester. It is required to be in general conformity
with the strategic policies of the adopted Local Plan. The Ashton Hayes and
Horton-cum-Peel Neighbourhood Plan will not impact on the strategic location,
nature, size and operating conditions of new development over and above that
set by the adopted Local Plan for the borough. It will however provide local level
guidance within the strategic framework on the nature of development in the
Ashton Hayes and Horton-cum-Peel Neighbourhood Area should be brought
forward and the mitigation and enhancement measures required in order to
minimise impacts. The Neighbourhood Plan policies will work alongside the
8
strategic policies in the development plan; other development management
measures and environmental protection legislation.
The Neighbourhood Plan does not specify the level of development, but
highlights the fact that it has not yet been confirmed whether Ashton Hayes will
be a Local Service Centre, but in any case the area is within the Green Belt,
which will limit the potential for development. As such, the Neighbourhood Plan
does not propose a higher level of development than the Local Plan.
The degree to which the
The Neighbourhood Plan will be the lowest level of planning policy for the area.
plan or programme
It has to be in general conformity with the strategic policies of the adopted Local
influences other plans and
Plan and must contribute to the achievement of sustainable development. It will
No
programmes including those therefore have limited influence over changing the policies in plans at the higher
in a hierarchy
strategic level or lead to the development of further plans below it.
The relevance of the plan or
The Neighbourhood Plan is required, as one of the basic condition tests, to
programme for the
contribute to the achievement of sustainable development. Whether this basic
integration of environmental
condition is met will be tested during the examination of the Neighbourhood
considerations in particular
Plan. However, the framework for the promotion of sustainable development is
with a view to promoting
set by the Government’s Strategy for Sustainable Development, the National
sustainable development
Planning Policy Framework and the policies in the adopted Local Plan for the
No
borough. The Neighbourhood Plan will have limited influence over changing the
sustainable development policies in plans and policies at the higher strategic
9
level. The Neighbourhood Plan includes policies relating to renewable energy
and protection of biodiversity which support and expand on policies in the Local
Plan.
Environmental problems
The Sustainability Appraisal Scoping Report for the Local Plan Part One is a
relevant to the plan or
comprehensive overview of the issues in Cheshire West and Chester. There
programme
are no specific additional environmental problems identified for the Ashton
No
Hayes and Horton-cum-Peel area.
The relevance of the plan or
The Neighbourhood Development Plan will have no direct role in the delivery of
programme for the
community legislation on the environment. It does include policies relating to
implementation of
protection of biodiversity, prevention of pollution, prevention of impacts on water
Community legislation on
quality and provision of renewable energy and carbon reduction. However,
the environment (e.g. plans
these policies all fit within the strategic framework provided by the Local Plan
and programmes linked to
(Part One). The Neighbourhood Plan has been subject to Habitats Regulation
waste-management or water
Assessment screening as set out in part 2 of this document.
No
protection)
10
2. Characteristics of the plan’s effects and of the area likely to be affected
Identified
effects of
the
proposed
policies
Probability,
duration,
frequency
and
reversibility
of the effects
Cumulative
nature of the
effects
Transboundary
nature of
the
effects1
Risks to
human health
or the
environment
(e.g. due to
accidents)
Magnitude and
spatial extent
of the effects
(geographical
area and size
of the
population
likely to be
affected)
Value and
vulnerability of
the area likely
to be affected
due to the
effect on
special natural
characteristics
or cultural
heritage
Value and
vulnerability
of the area
likely to be
affected due
to the effect
on environmental
quality
standards or
limit values
Value and
vulnerabili
ty of the
area likely
to be
affected
due to the
effect on
intensity
of landuse
Effects on
areas or
landscapes
which have a
recognised
national,
Community or
international
protection
status
Significant
environmental
effect?
Protection of
the character
of the village
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
Ashton Hayes
includes a
Conservation
Area, so has
cultural heritage
value. Area is
covered by
Green Belt.
None
None
Potential
positive impact
on protection of
the character of
the Ashton
Hayes
Conservation
Area.
No
1
The assessment here has considered whether the effect of the policy goes beyond the UK and impacts upon other EU territories. Given scale and nature of
Neighbourhood Plan the effects are not considered to be transboundary.
11
Positive
impacts of
design on
human health
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Protection
and
enhancement
of the
landscape
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
12
Potential
landscape
impact
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
Potential
negative impact
of development,
but criteria have
been included to
ensure that this
is limited.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening.
No
Retention
and
protection of
views
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
Ashton Hayes
includes a
Conservation
Area, so has
cultural heritage
value. Area is
covered by
Green Belt.
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
13
Protection
and
enhancement
of
biodiversity
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Predominantly
local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Potential
biodiversity
impact
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
Potential
negative impact
of development,
but criteria have
been included to
ensure that this
is limited.
None
Potential
negative
impact on the
environment,
but criteria
have been
included to
ensure that
this is limited.
Predominantly
local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
14
Improvement
to human
health
through
increased
walking and
cycling
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt locations.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Potential
impact on
climate
through
carbon
reduction by
renewable
energy
generation
Medium
probability as
opportunities
for smaller
scale
renewable
energy
generation.
Medium
frequency.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
15
Prevention of
negative
impacts on
human health
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Improvement
to human
health
through
increased
walking and
cycling
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
16
Protection of
water quality
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Provision of
housing
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
Potential
intensificati
on of land
use if land
used for
housing.
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
17
Provision of
housing for
older people
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Protection of
the character
of the village
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
Protection of the
Ashton Hayes
Conservation
Area.
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
18
Protection
and
enhancement
of the
landscape
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
Provision of
housing for
older people
in accessible
locations
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
Potential
intensificati
on of land
if land
used for
housing.
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
19
Potential
impact on
climate
through
carbon
reduction by
energy
efficiency
standards
Medium
probability as
opportunities
for smaller
scale
renewable
energy
generation.
Medium
frequency.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None.
Predominantly
local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Impact on
health and
well-being
through
provision of
accessible
community
facilities
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
20
Prevention of
negative
impact on
health and
well-being
through noise
and visual
impact
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
Potential
impact on
climate
through
carbon
reduction by
reducing the
need to travel
by private car
and
increasing
use of public
transport and
cycling
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
However,
development
contrary to these
policies could
have a large
negative
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
21
Improving
safety
Low probability
as unlikely to
be a lot of new
development.
Low frequency
as few
opportunities
due to Green
Belt location.
Impacts would
be permanent
and long-term.
There is a
potential small
positive
cumulative
effect.
None
None
Local, small
scale impact, at
neighbourhood
level.
None
None
None
None identified
– see HRA
screening and
no impact on
Conservation
Area.
No
22
Conclusion
As a result of the screening assessment, Cheshire West and Chester Council
consider that it is unlikely there will be any significant environmental effects arising
from the Ashton Hayes and Horton-cum-Peel Neighbourhood Plan. As such, a
Strategic Environmental Assessment of the Ashton Hayes and Horton-cum-Peel
Neighbourhood Plan is not required.
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3.0 Habitats Regulations Assessment Screening
Legislative background
The Conservation of Habitats and Species Regulations 2010 (as amended)
transposed the requirements of the European Habitats Directive 92/43/EEC into UK
law. The Habitats Directive and Regulations afford protection to plants, animals and
habitats that are rare and vulnerable in a European context.
Habitats Regulations Assessment (HRA) is a systematic process through which the
performance of a plan or project can be assessed for its likely impact on the integrity
of a European Site. European Sites, also referred to as Natura 2000 sites, consist of
Special Protection Areas (SPA), Special Areas of Conservation (SAC); Potential
Special Protection Areas and candidate Special Areas of Conservation (pSPA and
cSAC); and listed or proposed Ramsar sites.
Article 6(3) of the Habitats Directive states that any plan or project not directly
connected with or necessary to the management of the site but likely to have a
significant effect thereon, either individually or in combination with other plans and
projects, shall be subject to appropriate assessment of its implications for the site in
view of the site’s conservation objectives.
The first stage of HRA is to screen a plan or programme to identify if there are likely
to be any significant effects on Natura 2000 sites. This will indicate whether a full
Appropriate Assessment is required. The regulations require that the impacts and
effects of any land use plan being assessed, are considered in combination with
other plans and projects that may also be affecting the relevant European site(s).
Inter-relationship with the Local Plan HRA
The Cheshire West and Chester Local Plan (Part One) Strategic Policies has already
been through the HRA process, and the results detailed in the Cheshire West and
Chester Local Plan Publication Draft (Part 1) Strategic Policies Habitat Regulations
Assessment Screening Report.
The HRA for the Local Plan (Part One) identified 12 sites to include within the HRA
as set out in table 3 below.
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Table 3 – Natura 2000 sites relevant to the Local Plan (Part One)
European site
Oak Mere SAC
Midlands Meres and
Mosses Ramsar site
West Midlands Mosses
SAC
River Dee and Bala
Lake SAC
Mersey Estuary SPA
and Ramsar
Dee Estuary SAC SPA
and Ramsar site
Liverpool Bay SPA
Berwyn and South
Clwyd Mountains SAC
Mersey Narrows and
North Wirral Foreshore
pRamsar and pSPA
Sefton Coast SAC
Ribble and Alt Estuaries
SPA and Ramsar site
River Eden SAC
Reason for inclusion
Located within Cheshire West and Chester
Located within Cheshire West and Chester
Located partly within Cheshire West and Chester
Identified as a source of potable water for Cheshire West
and Chester and also the receiving watercourse for waste
water treatment works discharge
Located partially within Cheshire West and Chester
Downstream of the River Dee which is identified as a source
of potable water for Cheshire West and Chester.
Development in the Borough also creates potential water
quality pathways.
Located immediately downstream of the Mersey Estuary.
There is therefore a potential water quality pathway through
sewage effluent discharges, air quality from transport plans,
disturbance of birds and recreational pressure
Included at the request of Natural Resources Wales
Located within Merseyside downstream of the Mersey
Estuary SPA/Ramsar site. There is a direct link to
development in through water quality
Located within Merseyside and linked to development in
Cheshire West and Chester through recreational pressure
and water quality
Located within Merseyside and is an indirect link to
development in Cheshire West and Chester through water
quality and recreational pressure
Haweswater Lake (to which the River is hydrologically
connected) is likely to form part of the future water supply for
Cheshire West and Chester.
The HRA undertaken for the Local Plan (Part One) forms the baseline for the HRA
screening assessment of the Ashton Hayes and Horton-cum-Peel Neighbourhood
Plan. The main consideration is the potential effects of the Neighbourhood Plan over
and above those already assessed for the Local Plan. The Local Plan was screened
out through this process, as not leading to a likely significant effect on European
Sites.
It is considered that as long as the proposed policies of a Neighbourhood Plan do
not alter the strategic policy framework assessed in the Local Plan Part One Habitats
25
Regulation Assessment Screening Report then an additional separate full screening
exercise on the Neighbourhood Plan will not be required. However, if the
Neighbourhood Plan does change the strategic policy framework then a separate
Habitats Regulation Assessment Screening Report to assess the effect on European
Sites would be required.
Whether the Neighbourhood Plan alters the policy position for the area is set out in
Table 4 below.
Table 4: Screening of policies for altering Local Plan Policy
Policy
E1 – Local character
Change in policy position in
emerging Local Plan and
policies to be retained? Y/N
N
E2 – Green environment
N
E3 – Carbon reduction
N
E4 – Pollution and sustainability
N
H1 – Local housing need
N
H2 – Location of rural exception sites
N
H3 – Design of new housing development
N
C1 – The Protection, provision and enhancement of
community facilities / amenities / services
N
BE1 – Premises provision
N
BE2 – New employment opportunities
N
T1 – Public Transport Improvements
N
Context
There are 7 European designated sites identified within a 15km buffer from the
boundaries of the Ashton Hayes and Horton-cum-Peel Neighbourhood Plan. There
are 3 Ramsar sites (this includes the Midlands Meres and Mosses Phase 1 and
Phase 2), 3 SAC’s, and 1 SPA.
These are shown in Map 2.
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Outcome of high level screening
1. Is the Neighbourhood Plan directly connected with, or necessary to the
management of a European site for nature conservation?
No
2. Does the Neighbourhood Plan propose new development or allocate sites for
development?
No
3. Are there any other projects or plans that together with the Neighbourhood Plan
that could impact on the integrity of a European Site?
No, the Cheshire West and Chester Local Plan (Part One) Strategic Policies and
the retained policies in Chester District Local Plan are relevant plans, but the
HRA of the Cheshire West and Chester Local Plan (Part One) identified that it
could be screened out as not leading to a likely significant effect on European
sites.
4. Are there any potential impacts on the integrity of a European Site?
The Neighbourhood Plan will not work in isolation and will be used alongside
other development plan policies including the Local Plan Part One and retained
policies in the existing Chester District Local Plan for determining planning
applications for new development. The quantum of development to come
forward in Ashton Hayes and Horton-cum-Peel in the future will be set by Local
Plan policy. The Neighbourhood Plan will guide how this should come forward
locally.
There are no specific issues highlighted in the HRA of the adopted Local Plan (Part
One) that relate to the Ashton Hayes and Horton-cum-Peel area , although there are
other more general potential impacts highlighted as a result of the quantum and
location of development proposed for the borough as a whole in the Local Plan Part
One. However, it is considered there are sufficient mitigation and control measures
in the policy framework of the Local Plan (Part One) to avoid and mitigate any of
these adverse effects on the integrity of European in the emerging Local Plan.
Therefore, it is considered that any proposals coming forward for development in
accordance with the Neighbourhood Plan would not result in a likely significant effect
on a European site than already identified and assessed through the Local Plan
(Part One) Habitats Regulation Assessment Report.
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Conclusion
The Ashton Hayes and Horton-cum-Peel Neighbourhood Plan is unlikely to have an
adverse effect on a European site (as defined in the Conservation of Habitats and
Species Regulations 2010 (d), alone or in combination with other plans and projects.
As such, a separate full screening exercise and Habitats Regulations Assessment
are not considered to be required.
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Map 2- European Designations within a 15km distance of the Ashton Hayes and Horton-cum-Peel Neighbourhood Plan
29
Appendix 1: Overview of policies and identified effects of the Ashton Hayes and Horton-cum-Peel Neighbourhood Plan.
Policy reference
Summary of policy
Identified potential effects of policy (taking
into account SEA topics of biodiversity,
population, human health, fauna, flora, soil,
water, air, climatic factors, material assets,
cultural heritage and landscape).
Relationship to emerging Local Plan
(Part One); Strategic Policies and
policies to be retained in the Chester
District Local Plan
New development in and adjoining the countryside
will be acceptable where it is designed and
positioned so as to be sensitive to the built
environment of the village and its rural setting.
Protection of the character of the village.
ENV6 of the Local Plan (Part One) identifies the
need to respect local character.
Positive impacts of design on human health.
Protection and enhancement of the landscape.
Fit into and enhance distinctive qualities of the
landscape.
Preserve compactness of village and
unobtrusiveness of developments.
Retention and protection of views.
Protection and enhancement of biodiversity.
Developments to reflect village design.
E1 – Local character
SOC5 of the Local Plan (Part One) supports
proposals that incorporate improvements to health
and well-being.
HO4 and HO5 of the Chester Local Plan contain
criteria regarding the design of new residential
development.
ENV2, ENV3, SOC5 and SOC6 of the Local Plan
(Part One) support the protection of landscape
character, the retention of green spaces and the
need to take account of appropriate views into, over
or out of the site.
High quality design.
Preserve valued rural views and vistas.
Preserve hedgerows.
ENV5 of the Local Plan (Part One) supports the
retention of the historic environment.
ENV3 and ENV4 of the Local Plan (Part One)
support the retention of trees and hedgerows.
ENV21 of the Chester Local Plan sets out the
expectation that hedgerows should be integrated into
developments.
E2 – Green
environment
Protection of Local Green Spaces.
Protection and enhancement of biodiversity.
Identification of Local Green Spaces, including Sites
of Open Space Value, Sites of Nature Conservation
Improvement to human health through increased walking
Policy ENV3 of the Local Plan (Part One) supports
the creation, enhancement, protection and
management of a network of high quality multi-
30
Value and Sites of Recreational Value.
and cycling.
Enhancement of biodiversity.
functional Green Infrastructure.
Policy ENV4 of the Local Plan (Part One) identifies
the importance of safeguarding and enhancing
biodiversity.
Creation of new habitats.
Establish wildlife corridors.
Policy ENV27 of the Chester Local Plan identifies
that development likely to affect features of nature
conservation value will be permitted only where there
is adequate mitigation and compensation.
Enhance access and provide pedestrian and cycle
routes.
Create environmentally friendly communal areas.
Installation of renewable energy generation capacity
of up to 20% of the plan area’s average electricity
consumption will be promoted where a series of
criteria are met, including :
Potential impact on climate through carbon reduction by
renewable energy generation.
Low ecological value and wildlife impact.
Potential landscape impact.
Potential biodiversity impact.
Policy ENV7 of the Local Plan (Part One) supports
renewable and low carbon energy proposals where
there are no unacceptable impacts on:
Minimise land requirement.
E3 – Carbon
reduction
E4 – Pollution and
sustainability
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
effects of climate change, ensuring development
makes the best use of opportunities for renewable
energy use and generation.
Share land use.
-
Landscape, visual or residential amenity
Minimise noise, smell and visual appearance and
impact on openness.
-
Noise, air, water, highways or health
Provision of on-site compensatory measures.
-
Biodiversity, the natural or historic
environment
Preferably where the community already has an
established interest.
-
Radar, telecommunications or the safety of
aircraft operations
Development proposals should take effective
measures to avoid pollution by:
Prevention of negative impacts on human health.
Improvement to human health through increased walking
Avoiding people being exposed to levels higher than
Policy ENV59 of the Chester Local Plan states that
any development proposal with the potential to
pollute or be affected by pollution will be allowed
providing that a set of criteria are satisfied. The list
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existing levels.
and cycling.
Reducing the risk of pollution of groundwater.
Protection of water quality.
Reducing vehicle travel miles.
of criteria includes :
-
It will not significantly increase air pollution.
-
It will not cause unacceptable light
pollution as a result of illumination.
-
Any discharge from the site, or disturbance
of contaminated land during the
construction period, will not lead to a
deterioration in the quality of controlled
waters.
Supporting change of land or buildings.
Minimise light pollution.
Residential development proposed in accordance
with the Rural Exception Sites policy in the Local
Plan (Part One) is supported:
Provision of housing.
Provision of housing for older people.
Where it meets properly evidenced eligible need of
the plan area at the appropriate time of the need.
H1 – Local housing
need
Policy SOC2 of the Local Plan (Part One) identifies
that where necessary to meet local affordable
housing needs, schemes for 100% affordable
housing may be permitted on small site which would
otherwise not be appropriate for housing adjacent to
key service centres and local service centres
including those in Green Belt.
An element of market housing as permitted by the
Local Plan, will be supported where the market
housing will be appropriate for the needs of the
elderly.
Proposed schemes should be led by the community
or with applicant working in partnership with the
community.
Rural exception sites will be supported where they
do not adversely impact upon the valued
characteristics identified in the Built Character and
Rural Perspective Assessment.
H2 – Location of
rural exception sites
Protection of the character of the village.
Protection and enhancement of the landscape.
Retention of views.
The most suitable options for locations of rural
exception sites are described. This includes:
Sites not located adjacent to key roads.
Where sites can only be provided adjacent to key
ENV6 of the Local Plan (Part One) identifies the
need to respect local character.
Provision of housing for older people in accessible
locations.
HO4 and HO5 of the Chester Local Plan contain
criteria regarding the design of new residential
development.
ENV2, ENV3, SOC5 and SOC6 of the Local Plan
(Part One) support the protection of landscape
character, the retention of green spaces and the
need to take account of appropriate views into, over
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roads, impact should be mitigated.
or out of the site.
Additional requirements are specified for
development specifically providing for the elderly.
H3 – Design of new
housing
development
New development must contribute to the existing
character of the village and its carbon neutral
aspirations.
Protection of the character of the village.
Good design.
Potential impact on climate through carbon reduction by
energy efficiency standards.
ENV6 of the Local Plan (Part One) identifies the
need to respect local character.
Retention and protection of views.
HO4 and HO5 of the Chester Local Plan contain
criteria regarding the design of new residential
development.
Use of traditional materials.
ENV2, ENV3, SOC5 and SOC6 of the Local Plan
(Part One) support the protection of landscape
character, the retention of green spaces and the
need to take account of appropriate views into, over
or out of the site.
High energy efficiency standards.
Not dominate surrounding area.
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
effects of climate change.
Protection of existing community facilities.
C1 – The protection,
provision and
enhancement of
community facilities
/ amenities /
services
Impact on health and well-being through provision of
accessible community facilities.
Proposals for creation of new or improve community
facilities will be supported, provided that:
Protection and enhancement of the landscape.
Meet needs of community.
Protection and enhancement of biodiversity.
Access to local services and facilities is improved for
local people.
Prevention of negative impact on health and well-being
through noise and visual impact.
Acceptable noise levels and visual impact.
Potential impact on climate through carbon reduction by
energy efficiency standards.
Use of land is minimised.
Environmental impact minimised.
Carbon emissions minimised.
Policy SOC5 of the Local Plan (Part One) supports
proposals that provide new or improve health
facilities, and support opportunities to widen and
strengthen the borough’s cultural, sport, recreation
and leisure offer.
ENV2, ENV3, SOC5 and SOC6 of the Local Plan
(Part One) support the protection of landscape
character, the retention of green spaces and the
need to take account of appropriate views into, over
or out of the site.
Policy ENV4 of the Local Plan (Part One) identifies
the importance of safeguarding and enhancing
biodiversity.
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
33
Identification of sites for new community facilities.
BE1 – Premises
provision
Creation of suitable premises for local businesses
will be encouraged. Support for development of
home and garden offices and workshops where they
have no negative impact on neighbouring properties,
comply with Green Belt policy and conversion of
redundant buildings to business or mixed use rather
than just residential purposes.
effects of climate change.
Provision of employment for the local population.
Potential impact on climate through carbon reduction by
reducing the need to travel.
Policy ECON1 of the Local Plan (Part One) states
that the Council will support existing businesses,
encourage indigenous business growth and attract
new inward investment. The creation of new job
opportunities across a range of sectors will be
supported
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
effects of climate change.
Development and introduction of new direct
employment will be supported. Development will be
supported that:
Provision of employment for the local population.
Impact on health and well-being through provision of
accessible community facilities.
Enhances the village.
BE2 – New
employment
opportunities
Policy ECON1 of the Local Plan (Part One) states
that the Council will support existing businesses,
encourage indigenous business growth and attract
new inward investment. The creation of new job
opportunities across a range of sectors will be
supported
Provides additional facilities.
Potential impact on climate through carbon reduction by
reducing the need to travel.
Actively supports the village sustainability ethos and
agenda.
Potential impact on climate through carbon reduction by
energy efficiency standards.
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
effects of climate change.
Potential impact on climate through carbon reduction by
reducing the need to travel by private car and increasing
use of public transport and cycling.
Policy STRAT1 of the Local Plan (Part One)
identifies the need to mitigate and adapt to the
effects of climate change.
Improving safety.
Policy STRAT10 of the Local Plan (Part One)
identifies that opportunities will be sought to extend
and improve access to local footpath and cycle
networks, including greenways, canal towpaths and
the Public Rights of Way network.
Reflects the local character of Ashton Hayes, as
detailed in policy E1.
Complies with Green Belt policy.
T1 – Public transport
Improvements
In order to improve pedestrian access to public
transport, developer contributions on new
developments will be sought for this purpose in line
with the funding mechanisms in place for developer
contributions and infrastructure and policy STRAT 11
of the Local Plan. Contributions will be sought
which:
Improve access to the bus service on the A54 and
rail service at Mouldsworth.
Address safety issues for pedestrians crossing A54
Policy STRAT11 of the Local Plan (Part One) states
that the Council will support the provision of
34
or waiting at bus stop.
Consider provision of secure cycle storage for bus
and rail users.
appropriate new infrastructure, including schemes
intended to mitigate and adapt to climate change. To
facilitate the delivery of infrastructure, new
development will, where appropriate, be required to
contribute towards the Council’s identified
infrastructure priorities in accordance with Circular
5/2005, Community Infrastructure Levy regulations or
successor regulations / guidance.
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